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All Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Acitya Wisesa: Journal of Multidisciplinary Research
Sholehuddin, Dr. M.
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Agriculture, Biological Sciences & Forestry Civil Engineering, Building, Construction & Architecture Computer Science & IT Environmental Science Law, Crime, Criminology & Criminal Justice Physics

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LEGAL REVIEW OF INFRINGEMENT PROSECUTION UNDER GOVERNMENT REGULATION OF INDONESIA NO. 80/2012 THROUGH TELEGRAM LETTER OF THE HEAD OF INDONESIAN NATIONAL POLICE NO. ST/2264/X/HUM.3.4.5./2022 Putra, Erki Maulana; Sholehuddin, Dr. M.
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 4 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i4.404

Abstract

The issuance of the telegram letter of the Head of Indonesian National Police No. ST/2264/X/HUM.3.4.5/2022, on 18 October 2022, has an impact on traffic law enforcement. The letter prohibits police officers from manually ticketing traffic violators. After the issuance of the letter, there was a norm conflict with Government Regulation No. 80/2012. This research aims to determine the legal authority between policies and regulations and legal protection for police officers who are proven to use the manual ticketing system after the issuance of the National Police Chief's telegram letter. This research is a normative legal research, which is a type of research that examines documents with various secondary data such as court decisions, legal theories, laws, and regulations. The findings of this research indicate that the Government Regulation has a higher position than the Chief of Police's telegram letter. Therefore, members of the Indonesian National Police who are still detected conducting manual ticketing can obtain legal protection because National Police Chief Regulation No. 14/2011 explains that every member of Indonesian National Police who is a subordinate is obliged to refuse superior orders that are contrary to legal norms.
EXECUTION OF NON-EXECUTABLE COURT DECISIONS IN CASE NO. 757/PDT.G/2022/PN.JKT.PST Poernomo, Achmad Ganis; Sholehuddin, Dr. M.
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 1 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i1.625

Abstract

Judges play an important role in upholding justice as they are responsible for resolving cases and ensuring that the law is applied fairly. While their decisions are necessary to resolve cases, the fact is that they cause controversy for many parties. Judges are expected to consider law, justice, expediency, and legal certainty in making decisions. This research topic is an important and necessary study to determine the causes of Decision No. 757/Pdt.G/2022/PN.Jkt.Pst being non-executable and the legal remedies for the execution of the decision. This research is a normative juridical research using primary legal materials and secondary legal materials to obtain a comprehensive understanding. Meanwhile, this research approach uses a statutory approach, conceptual approach and case approach. The result of this research is that the judge's decision in the case between Prima Party and General Election Commission was flawed in several ways. The decision exceeded the authority of the judge, did not provide legal certainty, could have an impact on the postponement of the 2024 elections, and was ordered to be implemented immediately without following proper procedures and therefore should be considered a non-executable decision. This decision will also affect third parties, which are all legal subjects who are not parties to the civil case. Legal remedies that can be taken by the parties are to continue to take legal remedies by filing a complaint to the Supreme Court Internal Supervisory Board and submitting a report to the Judicial Commission.
THE IMPLEMENTATION OF LEGAL NORM AGAINST DRUGS ABUSE OF DOUBLE L PILLS AT TANJUNG PERAK PORT POLICE SURABAYA Sumaryanto, Dr. A. Djoko; Sholehuddin, Dr. M.; Sugiharto, Dr.; Naibabo, Bryan
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 3 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i3.646

Abstract

Legal norms are rules that regulate people's behavior based on good and bad values, and determine what is permissible, recommended, or mandatory in a social context to maintain order. Regarding drug abuse, such as Double L pills that are often used without a authorization, Indonesia's Health Law No. 17/2023 regulates sanctions for illegal pharmaceutical activities and violations of safety standards, with a maximum penalty of 12 years in prison and a fine of up to IDR 5 billion for serious cases. This research aims to understand and analyze the implementation of the law and criminal liability related to the abuse of dangerous drugs, especially double L pills, in the Tanjung Perak Port Police area of Surabaya. The research uses a normative juridical method with a statutory and case study approach. The legal materials used include primary, secondary, and tertiary materials, which are collected and analyzed in a qualitative method. The results are presented descriptively for the easy understanding of the readers. The Tanjung Perak Port Police Narcotics Unit enforces legal standards according to Indonesian Health Law No. 17/2023 and the Criminal Code, as seen in case No. 950/Pid.Sus/2024/PN Sby, where the defendant was charged under Article 436 and Article 145 of the same law. However, challenges such as limited personnel, inadequate facilities, low public awareness about drug laws, and the vast Surabaya area complicate efforts to control drug distribution networks effectively.
THE URGENCE OF IMPLEMENTING LAW IN MONEY LAUNDERING ON THE ERADICATION OF CORRUPTION TO OPTIMIZE THE RECOVERY OF STATE FINANCIAL LOSS Tambunan, Ria Berlian; Sholehuddin, Dr. M.
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 3 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i3.103

Abstract

Corruption in Indonesia has not decreased, as reflected in the Transparency International report. Indonesia's Corruption Perception Index (CPI) dropped by 3 points, from 40 in 2018–2019 to 37 in 2019–2020. One major impact of corruption is the loss of state finances; therefore, a different approach is needed to eradicate corruption effectively. This would ensure that state financial losses can be optimally recovered and reused for the nation's benefit and the people's prosperity. The research method employs a normative approach with a legislative framework. Additionally, it utilizes secondary legal materials, particularly literature that examines the correlation between corruption and money laundering. The research concludes that money laundering and corruption are closely linked, as the original crime stems from corruption. This is clearly and explicitly stated in Article 2, Paragraph (1) of Law No. 8/2010. Furthermore, Law No. 8/2010 does not only punish active and passive perpetrators but also regulates legal actions such as asset confiscation and recovery. This is achieved through tracking assets derived from crimes at different stages: placement of illicit funds into the financial system, layering, and ultimately, asset recovery, where transacted and utilized funds are reclaimed.
THE IMPLEMENTATION OF PROPORTIONALITY PRINCIPLE IN COMMERCIAL CONTRACTS OF FRANCHISE SECTOR Amelia, Eva Ayu; Sholehuddin, Dr. M.; Rijadi, Prof. Dr. Prasetijo
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i4.738

Abstract

The principle of proportionality is an integral legal principle in ensuring the balance of rights and obligations in commercial agreements, including franchises. This research aims to examine the function and purpose of the principle of proportionality in a franchise contract and analyze its implementation in the process of forming and performing the contract. The research method used is normative juridical with a legislative approach and analysis of literature related to the principle of proportionality in contract law. The results show that the principle of proportionality has a significant role in preventing imbalances in rights and obligations between franchisors and franchisees. The implementation of this principle in franchise contracts also contributes to creating legal certainty and reducing the potential for disputes due to imbalances in the agreement. Therefore, the implementation of the principle of proportionality in franchise contracts not only protects the rights of both parties, but also ensures fairness in the implementation of commercial contracts in the franchise sector.
LAW ENFORCEMENT AGAINST DEFAMATION UNDER THE ELECTRONIC INFORMATION TECHNOLOGY LAW: A Case Study of Decision No. 658/Pid.Sus/2021/PN.Sby Amirullah, Muhammad Iqbal; Sholehuddin, Dr. M.; Rijadi, Prof. Dr. Prasetijo
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i4.739

Abstract

The ITE Law is considered as a strong legal basis to control social media and regulate information technology, as stipulated in Law No. 11/2008 and its amendment in Law No. 19/2016. This law applies to anyone, both at home and abroad, if their actions harm the interests of Indonesia. Consumer protection is an important aspect of the modern economy to ensure equitable and ethical practices in the marketplace. This research discusses the concept of consumer protection in the context of consumer rights in Indonesia and how such protection is applied in an ever-evolving market. The main focus of this research is how the ITE Law handles defamation from a legal perspective. Using a normative juridical approach, this research examines relevant legislation, legal literature, and court decisions. This research examines legislation, legal literature, and relevant court decisions. In practice, ITE Law often faces challenges, such as differences in interpretation of articles that have the potential to limit freedom of speech as well as debates over the line between criticism and defamation. The results indicate that even though the ITE Law provides a clear legal basis, its implementation is still a cause for controversy. A balance is needed between the protection of individual reputation and freedom of expression. Regulatory reform and increasing legal awareness in the community are important steps to ensure a fairer and more effective application of the ITE Law.
Co-Authors Amelia, Eva Ayu Amirullah, Muhammad Iqbal Naibabo, Bryan Poernomo, Achmad Ganis Putra, Erki Maulana Rijadi, Prof. Dr. Prasetijo Sugiharto, Dr. Sumaryanto, Dr. A. Djoko Tambunan, Ria Berlian